The Problem with George Austin & the Public Market Square

Has nothing to do with George Austin . . . per se. Tho, I don’t greet this news as happily as Barry Orton does.

SOLE SOURCE CONTRACTING
The mayor says we have to contract with George Austin because we are in a hurry and the Mayor can enter this contract without RFP or council approval because it is less than $25,000.

Given our short timelines, setting these actions in motion now is essential. It is critical that we meet the State’s expectation that ample parking at reasonable rates be available in time for the arrival of high-speed rail in 2013. We would lose a couple months of valuable time if we issued an RFP for a project director. Effectively using the time instead to create the Commission and determine the best path forward is key to our ultimate success. George Austin’s leadership in many civic projects in this community is a natural fit to lead Phase I of this effort. He has strong relationships with policymakers, staff and stakeholders at both the City and State. As former Director of the Department of Planning and Development for 15 of his 23 years with the City, he successfully directed complicated development projects, such as the Monona Terrace Convention Center.

As a result, the City will be entering into a five-month, $25,000 contract with him to direct the very early stages of the project. City ordinances allow for the contracting of services without a formal RFP if the contract is for $25,000 or less. Funding is available in the 2010 Preliminary Planning Fund.

I have included funding in my 2011 executive capital budget to pay for the longer-term planning process. There are separate allocations to fund planning for the parking structure, the Madison Public Market, and the bike station. In addition, I have included $1.75 million for the Public Market Square District planning process made up of general obligation bonds, federal grant funding and TID proceeds. I will not retain Mr. Austin’s services to direct the longer-term planning process without asking the Council for approval.

That’s all fine and dandy, but Mayor Dave Cieslewicz kinda conveniently skipped a part of the ordinance that says:

MGO 4.26(4)(b) If the aggregate amount of the fee for services will exceed twenty-five thousand dollars ($25,000) and the contract was not subject to a competitive bidding process, the contract shall meet one of the other requirements of sub. (4)(a) and be approved by the Common Council by resolution.

Clearly, in this case, the aggregate amount of fee for services will exceed $25,000 as the mayor indicated above and it was not subject to the competitive bidding process, so it needs to also meet one of these requirements:

4.26(4)Exceptions to RFP Process. The City may enter into negotiated contracts without a competitive bidding process for the purchase of services if the following are met:
(a) One or more of the following criteria are present as found by the Comptroller:
1. Public exigency will not permit the delay incident to advertising or other competitive processes;
2. The service required is available from only one person or firm;
3. The services are for professional services to be provided by attorneys;
4. The services are to be rendered by a university, college, or other educational institution;
5. No acceptable bids have been received after formal advertising;
6. Service fees are established by law or professional code;
7. A particular consultant has provided services to the City on a similar or continuing project in the recent past, and it would be economical to the City on the basis of time and money to retain the same consultant;
8. The contract is for $25,000 or less; or
9. Otherwise authorized by law, rule, resolution, or regulation.

I crossed out the ones that clearly don’t apply, including the less than $25K requirement since there is no RFP and that is the reason we are looking for a second requirement. So, which of the other criteria does it meet? Can’t city staff get the process started, can we really not write an RFP and get it out there quickly? We’ve known about the train station location since May, if this was so necessary, why didn’t they write the RFP immediately – 4 months ago. Is George Austin the only guy who can do this job? Is there no one else in the city? Can’t the new CDA Director Natalie Erdman do it? Especially since Olinger is still there and they are essentially double staffed? Is there some other authorized law, rule, resolution or regulation that allows it, if so, what is it?

Additionally, the law requires that the Council approve this, which it appears they are not going to do.
I know this Mayor finds laws kinda pesky, but I don’t think he followed this one.

WILL THE GUY WHO WRITES THE RFP ALSO APPLY FOR IT?
That’s the scuttlebutt. And the Mayor sort of foreshadows it in his email to the council:

I will not retain Mr. Austin’s services to direct the longer-term planning process without asking the Council for approval.

Well, yeah, cuz he has to. And, uh . . . the guy is being hired in part, according to the Mayor, for the following:

1. Draft the RFP for the overall planning and development of Public Market Square
As we began the process of drafting the RFP for the planning and development of Public Market Square Development District, we found that several key decisions needed to be made first in order to define exactly what the RFP will request:
• How should the City proceed with the planning? Should we partner with a private developer now or enter into a master planning process before making that decision?
• How can we start the planning process for the parking structure that will replace the Government East ramp before we know what size and type of development will be built above it?
• How do we reconcile the City’s desire to include a hotel in the development with the need to move forward quickly?
• How do we answer these questions within a timeframe that allows us to meet the parking needs of the high-speed rail station when it opens in 2013?
Mr. Austin will help guide the first phase decision-making process on these and other key questions so that we can present the RFP to the Council for approval as soon as possible.

If he’s going to apply for the RFP, won’t his input and direction of the RFP directly impact how likely it is he will be successful in applying for that RFP? That can’t be ethical can it? If that’s the plan, then maybe George Austin is part of the problem. He should know better with all his experience.

Kristin posted the entire memo from the Mayor here, but sort of missed the bombshell. Violating the law and possible ethics violations. She did, however, point out that George Austin is the guy that was hand picked by Jerry Frautschi to lead the Overture . . . how’s that working out?

Meanwhile, regardless of all these questions, George is on the job!

From: George Austin
Sent: Saturday, September 18, 2010 7:39 AM
To: ALL ALDERS
Cc: Piraino, Janet
Subject: Public Market Square Planning and Development

Good Morning:

I wanted to follow up on Mayor Cieslewicz’s memo to you of Thursday regarding the Public Market Square Development.

First, I want you to know how honored I am to be asked to play a role in Phase I of the planning and development of this project. My entire 35 year career has been dedicated to community development and civic issues in Madison and I want to assure you that I will do my best to make this effort successful.

I have a lot of catching up to do on the specific issues that have preceded my involvement, I will get up to speed shortly as we prepare the planning effort. It will be a complex project given the development objectives for the district and the tight timelines for at least one portion of the project. But as we know…nothing great happens idlely or without effort and skill.

I look forward to this work and encourage you to contact me with your questions, suggestions and concerns. I pledge to keep you informed of the City staff team’s work. Please use my e-mail xxxxxx@xxx to contact me.

Thank you for this opportunity to work together to achieve this City initiative.

George Austin

That’s it, no discussion? Done deal.